FOR THE COUNCIL MEETING OF APRIL 19, 2022
COUNCIL AGENDA REPORT
TO:
FROM:
SUBJECT:
City Council
City Manager
Prepared by: Director of Recreation and Parks
AWARDING A CONTRACT TO DTA MUNICIPAL SOLUTIONS TO
CONDUCT A FEASIBILITY STUDY FOR THE FORMATION OF A
CITYWIDE PARK AND FACILITIES LANDSCAPE AND LIGHTING
DISTRICT
RECOMMENDATION:
That the City Council adopt a Resolution approving a Professional Services Agreement with DTA Municipal Solutions for a feasibility study to form a Citywide landscape maintenance district under the authority of the California Streets and Highways Code.
BACKGROUND:
On September 27, 2021, the Recreation and Parks Department issued a Request for Proposals (RFP-2021/01) to perform a feasibility study to create a Citywide landscape maintenance district. The intent of the study is to determine the need and processes necessary to create a citywide landscape district for supplementing the ever-increasing cost to the General Fund for operating and maintaining the City's expanding public parks infrastructure.
DISCUSSION:
The Recreation and Parks Department operates on an annual budget of approximately $10 million. Of these funds, nearly 85 percent, or $8.5 million are tied to non -discretionary expenses such as personnel, utilities, and operations. Leaving $1.5 million to fund the supply, equipment, training, repairs, unfunded mandates, and other associated costs.
While the annual General Fund allocation is sizeable, it is not sufficient to meet the needs of the City's growing park system, which is expected to exceed 330 acres of improved parkland in 2022. That improved parkland includes five major community centers, four community recreation centers, and the Paul Nelson Aquatics Center. In addition, new public park projects will be coming online over the next four years, increasing the need for additional funding to operate and maintain them. These new facilities include the completion of the historic Smith -Enos House, 19 -acre sports complex, Japanese Community Center, historic Smith -Enos House and Gardens, Chapel Street Public Plaza, and the development of three neighborhood pocket parks. Costs to operate these new facilities will require a significant increase to the current General Fund allocation for parks, which is already woefully underfunded.
During the past two years, the Recreation and Parks Department has seen exponential growth in the use of parks. The coronavirus (COVID-19) pandemic pointed out the need for a comprehensive public park system that remained at the disposal of residents during one of the most life -changing events for people in recent history. Residents flocked to parks as a sanctuary from other public spaces for fear of being exposed to COVID-19.
Public parks were kept clean and supported individual and family outdoor recreation activities. Whenever possible, recreation facilities served as venues for shelters, testing and vaccination sites, food distribution, and public information meetings.
The value of public parks has been underscored by the services provided to residents during the pandemic; this is an opportune time to investigate the formation of a special district to ensure public park services continue to meet residents' needs.
Alternatives:
The alternative is to not to proceed with a feasibility study. This alternative may require other alternative funding sources or increased funding from the General Fund for the ongoing operating costs for current public improvements, as well as for those anticipated to become operable over the next four to five years.
Fiscal Considerations:
The cost to conduct this study and to prepare the required documentation to propose the creation of this special district is $175,000. Funded by using a combination of existing funding in the Recreation and Parks Department budgets, as best determined by the Directors of Recreation and Parks and Finance.
Impact to the Community:
The study itself will serve as the guide to determine the feasibility of proposing this special district to the residents of the City; allowing City residents the opportunity to lend their support for improve _.ubli .arks and facilities.
A D R POSADA
Director of Recreation and Parks
Attachment A: Agreement for Professional Services
2 AGREEMENT FOR PROFESSIONAL SERVICES
This agreement is made on May 1, 2022, by and between, DTA Municipal Solutions and the City of Santa Maria, a California Municipal Corporation and charter City ("City"), in Santa Maria, California, based on the following recitals:
1. The City requires analysis of the cost to provide service, maintain and renovate/replace City parks and recreational facilities and the apportionment of this cost citywide by calculating the benefit received by each assessor parcel in the City of Santa Maria, using the authority of the 1972 California Streets and Highway Code Landscape and Lighting Maintenance Districts; and
2. DTA Municipal Solutions is a firm having the necessary experience and qualifications to provide the analysis; and
3. The City has budgeted funds for the provisions and services of this cost analysis; and
4. On September 27, 2021, the City issued a Notice Inviting Sealed Request for Proposals for comprehensive citywide analysis of cost (RP -2021/01); and
5. DTA Municipal Solutions has submitted a proposal that the City has deemed acceptable and has extensive knowledge and is qualified to provide the needed services and is willing to provide those services on mutually agreeable terms.
NOW, THEREFORE, IT IS AGREED:
1. Recitals True. The above recitals are true.
2. General.
2.01 Term and Termination. The term of this contract is not exceed 8 months beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms and conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice, as specified in this Agreement.
2.02 Services to be Performed. DTA Municipal Solutions Proposal, dated November 19, 2021: 1. Project management and meetings. 2. Document research.
3. Post-construction/MS4 regulatory requirements. 4. Financing structure. 5.
Background research. 6. Benefit assessment. 7. Preparation of boundary map and assessment diagram. 8. Assessment lien and financing analysis. 9. Engineer's report. 10. Public notice and ballot -protest procedure'. 11. Ballot tabulation'. DTA Municipal Solutions shall determine the method, details and means of providing service and delivery of comprehensive citywide analysis of the cost to provide Attachment A
service, maintain and renovate/replace city parks and recreational facilities, and the apportionment of this cost citywide by calculating the benefit received by each assessor parcel in the City of Santa Maria, using the authority of the 1972 California Streets and Highway Code Landscape and Lighting Maintenance Districts.
More specifically, DTA Municipal Solutions agrees to perform the specific services set forth in Exhibit "A".
Note: ' The fees for tasks 10 and 11 shall be determined following completion of the benefit analysis and district formation documents.
2.03 City's Duties. City's duties under this Agreement are to cooperate with DTA Municipal Solutions in the performance of the Agreement and timely payment of invoices.
2.04 Payment and Liquidated Damages. City shall pay DTA Municipal Solutions for the services provided under this Agreement in accordance with Payment terms under this Agreement are listed in Exhibit "B".
2.05 Insurance. DTA Municipal Solutions shall provide insurance as set forth in Exhibit "C".
2.06 Exhibits. Exhibits "A", "B", and "C" are attached hereto and incorporated herein.
3. Contractor's Obligations.
3.01 Minimum Amount of Service. DTA Municipal Solutions shall devote sufficient time to perform services under this Agreement efficiently and effectively.
DTA Municipal Solutions may represent, perform services for, and be employed by additional individuals or entities at DTA Municipal Solutions sole discretion, as long as the performance of these extra -contractual services does not interfere or present a conflict with City's business.
3.02 Schedules. DTA Municipal Solutions shall provide a work schedule specifically outlining a schedule of deliverables upon signing of this agreement.
3.03 Tools and Equipment. Except as otherwise stated in this Agreement, DTA Municipal Solutions will supply all tools and equipment necessary to perform this Ag reement.
3.04 Status. DTA Municipal Solutions (including its employees) is an independent contractor. No employer/employee relationship exists between DTA Municipal Solutions and the City. DTA Municipal Solutions assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to DTA Municipal Solutions under this agreement.
2 3.05 License. N/A
3.06 Indemnification. To the fullest extent allowed by law, DTA Municipal Solutions shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative costs of alternative dispute resolution) regardless of nature or type that arises out of, pertain to, or relate to the negligence, reckless, or willful misconduct of DTA Municipal Solutions or the acts or omissions of an employee, agent or subcontractor of DTA Municipal Solutions. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
4. Miscellaneous
4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City: To Contractor:
Recreation and Parks Department DTA Municipal Solutions Attn. Alex Posada Attn. Adrea Roess
615 S. McClelland 99 Almaden Blvd.
Santa Maria, CA 93454 San Jose, CA 95113
If the designated Representative or address of either party changes during the term of this Agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this Agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this Agreement.
4.03. Integration. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this Agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this Agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.08. Severability. The provisions of this Agreement are severable. If any 3 part of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to any other submittals required by this Agreement, Contractor shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this project.
4.10 Prevailing Wage. Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the State prevailing wage rates with certified payroll Pursuant to CA Labor Code Section 1771 et seq., http: www.dir.ca.gov/PWD/index.htm The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein. Obtain the project D.I.R. number from the Recreation and Parks Management Analyst.
IN WITNESS WHEREOF, this Agreement is executed by the parties on the date first written above.
CONTRACTOR
CITY
DTA Municipal Solutions CITY OF SANTA MARI s - .olitical subdivision of the St a of C-lifornia
By:
President
By:
Ale P•:-da
Director of Recreation and Parks
By: ATTEST:
Vice-President/Secretary
By:
Rhonda M. White, CMC
Chief Deputy City Clerk
Approved as to form:
Ci Attorne
Risk Manager:
4 EXHIBIT "A"
SCOPE OF WORK
• Meet with various City staff to conduct interviews to gain an understanding of the City's specific goals and expectations for the successful respondent. • Identify all City parks/facilities that exist and those that are in the planning phase over the next 5 years. Provide a comprehensive breakdown for each individual park, of the operational cost; including but not limited to labor cost, utility cost, supplies, fleet and equipment cost, etc.
• Conduct a facility assessment for each park to determine the estimated existing useful lifetime of existing assets and systems. This should include all items within the entire envelope of each park including the buildings, all systems within the buildings, all systems within the parks, ADA accessibility requirements, safety issues, etc. The assessment shall reflect a cost -benefit analysis including a recommendation to retrofit or reconstruct various systems of each park and/or facility, or the park and/or facility as a whole to provide for 20 additional years of useful life. This analysis shall also include capital expenditure recommendations that would reduce the overall operational cost of the facility. i.e., invest in lower water use landscaping, retrofit sports lighting with LED fixtures, and Photo Voltaic equipment for the aquatic center.
• Apportion the total general benefit -cost of providing recreation and parks to each residential and commercial parcel within the City of Santa Maria. • Determine any "proportionate special benefit" to any property in relationship to the entirety of the cost of "maintaining and operating" such an improvement now and 20 years into the future.
• Prepare a comprehensive Engineer's Report to include the estimated maintenance and administrative costs of operating a citywide landscape and lighting district, provide an assessment diagram showing all affected parcels, and provide estimated revenues to be generated by a citywide landscape and lighting district. • Research, evaluate, and prepare potential future costs to meet post -construction regulatory compliance of retention basins to ensure best management practices (BMP) are met. BMP may include non-structural practices such as street sweeping, illicit connection identification and elimination, public education and outreach, and land use modifications.
• Compile data and prepare reports in compliance with the Streets and Highway Code Section 22000-22202
• Identify any factors such as statutory limitations, market conditions, or other policy and service considerations which prevent the implementation of any rate based on the recovery of full costs.
5 • Present a draft report detailing this information to staff within 90 calendar days from the notice of award is provided.
• Prepare a final Engineer's report and fee study report and provide six bound copies, one unbound copy, and a single PDF file of the plan made available to City staff. • Provide the City with an electronic copy of the final version of the comprehensive report, including related schedules and cost documentation in a format that can be edited and updated by City staff to accommodate changes in the organization or changes in costs.
The electronic format should be in Microsoft Word for the narrative portions, in Excel for the schedules and cost documentation, and can be provided after final presentations are made to City Council.
• Prepare and deliver presentations in person at a minimum of two public hearings on the formation of this special district.
• The City reserves the right to edit, use, and duplicate the final work project as necessary to meet its needs.
• If the results reflect an increased contact adjustment the consultant will establish the parameters for a mail -out election and conduct the said election. 6 EXHIBIT "B"
PAYMENT TERMS
Labor Category
Labor Rate
President/Managing Director
$295/Hour
Senior Vice President
$260/Hour
Vice President
$240/Hour
Senior Manager
$205/Hour
Manager
$195/Hour
Senior Associate
$185/Hour
Associate III
$175/Hour
Associate II
$165/Hour
Associate I
$150/Hour
Research Associate II
$140/Hour
Research Associate I
$125/Hour
7 EXHIBIT "C"
INSURANCE REQUIREMENTS
DTA Municipal Solutions shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by DTA Municipal Solutions, his/her agents, representatives, or employees.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001), including products and completed operations, property damage, bodily injury and personal &advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession.
Architects' and engineers' coverage is to be endorsed to include contractual liability.
B. Minimum Limits of Insurance
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Worker's Compensation: Statutory limits.
4. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability -$1,000,000 per occurrence or claim, $2,000,000 aggregate
8 C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require DTA Municipal Solutions to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of DTA Municipal Solutions including materials, parts or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form or an endorsement to DTA Municipal Solutions insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, DTA Municipal Solutions insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.
4. DTA Municipal Solutions hereby grants to City a waiver of any right to subrogation which any insurer of said DTA Municipal Solutions may acquire against the City by virtue of the payment of any loss under such insurance _DTA Municipal Solutions agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 9 c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, DTA Municipal Solutions must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City.
F. Verification of Coverage
DTA Municipal Solutions shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause.
All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive DTA Municipal Solutions obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Special Risks or Circumstances
The city reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 10 RESOLUTION NO. 2022-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT
WITH DTA MUNICIPAL SOLUTIONS FOR A FEASIBILITY STUDY TO FORM A
CITYWIDE LANDSCAPE MAINTENANCE DISTRICT UNDER THE AUTHORITY OF
CALIFORNIA STREETS AND HIGHWAYS CODE
WHEREAS, on September 27, 2021, the Department of Recreation and Parks issued a Request for Proposal (RFP) for a feasibility study on forming a citywide landscape maintenance district; and
WHEREAS, a citywide landscape maintenance district is needed to supplement the ever-increasing cost to the General Fund for operating and maintaining the City's expanding public parks infrastructure; and
WHEREAS, two companies submitted proposals and complied with the RFP instructions allowing them to proceed to the review; and WHEREAS, the proposals were evaluated by an independent panel consisting of one Utilities Department employee, one Finance Department employee, and one Public Works Department employee; and
WHEREAS, based on the results of the evaluation a recommendation to accept the proposal submitted by DTA Municipal Solutions was made by the Director of Recreation and Parks.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, Califomia, as follows:
1. That the above recitals are true and correct.
2. DTA Municipal Solutions is awarded the Agreement to provide an analysis of the cost to provide service, maintain and renovate/replace City parks and recreational facilities, and the apportionment of this cost citywide by calculating the benefit received by each assessor parcel in the City of Santa Maria using the authority of the 1972 California Streets and Highway Code Landscape and Lighting Maintenance Districts.
3. The term of the Agreement is not to exceed eight months from the date signed.
,.4. The City Council authorizes and directs the City Manager, or designee, to execute an Agreement for a feasibility study with DTA Municipal Solutions.
5. The City Council authorizes the City Manager, or designee, to make the necessary adjustments to the Recreation and Parks Department 2021-22 budgets to fund the study.
6. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria on the 19th day of April 2022.
ATTEST:
Chief Deputy City Clerk
2 Mayor
APPROVEDA
APPROVE
ment Director
rty Manager